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Chapter

Cover Cheshire, Fifoot, and Furmston's Law of Contract

20. Discharge Under the Doctrine of Frustration  

M P Furmston

This chapter begins with a discussion of the nature and rationale of the doctrine of frustration. It then explains the operation of the doctrine, covering the effect when parties expressly provide for the frustrating event; how a party cannot rely upon self-induced frustration; and the controversy as to whether the doctrine of frustration applies to a lease. The chapter then turns to the effect of the doctrine, covering the Law Reform (Frustrated Contracts) Act 1943 and contracts excluded from the Act.

Chapter

Cover Anson's Law of Contract

14. Discharge by Frustration  

Jack Beatson, Andrew Burrows, and John Cartwright

This chapter traces the history of the doctrine of frustration and examines the scope of its present application. The discussion covers instances of frustration, the theoretical basis of frustration, incidence of risk, self-induced frustration, leases and contracts for the sale of land, and effects of frustration.

Chapter

Cover Concentrate Questions and Answers Contract Law

10. Frustration  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter discusses the doctrine of frustration. It outlines three key questions that need to be posed in addressing issues of possible frustration. Is there a radical change in circumstances? Does any rule of law render frustration inoperative? What are the effects of frustration? It explores two key debates: the fact that a self-induced event will not frustrate a contract, and the consequences of frustration under the Law Reform (Frustrated Contracts) Act 1943.

Chapter

Cover Contract Law

21. Frustration and Force Majeure  

The doctrine of frustration operates to discharge a contract where, after the formation of the contract, something occurs which renders performance of the contract impossible, illegal, or something radically different from that which was in the contemplation of the parties at the time of entry into the contract. This chapter examines the scope of the doctrine of frustration and the relationship between the doctrine of frustration and any force majeure or hardship clause that is found in the contract. Consideration is given to the basis of the doctrine of frustration and the remedial consequences of the conclusion that a contract has been frustrated. It also explores the reasons for the narrow scope of the doctrine of frustration and contrasts it with the more liberal regimes to be found in, for example, the Principles of European Contract Law.

Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

14. Frustration  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the doctrine of frustration, which can only be invoked where the parties have not allocated the risk of the relevant event in their bargain, such as by means of a force majeure clause. It explains that issues of frustration arise where circumstances change radically after the contract has been entered into, which show that an assumption held by both parties at the time of contracting no longer applies. It analyses the effects of frustration at common law and discusses the current test for frustration, as evidenced in emerging case law from the Covid-19 pandemic. This chapter also considers the provisions of the Law Reform (Frustrated Contracts) Act 1943.